구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings in Gap evidence Nos. 1 to 4, and Eul evidence No. 2:
(1) The Plaintiff is a corporation entrusted with industrial accident compensation insurance business by the Minister of Labor under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”).
(2) The Defendant is an insurer who has entered into a comprehensive agreement on the motor vehicle deduction for a sea-going vehicle with the Myang Tourism Co., Ltd. (hereinafter “Mayang Tourism”), the owner of a bus A (hereinafter “Mayang”), and B is an employee of the Myang Tourism, who is a driver of a sea-going vehicle.
B. (1) The instant accident and damage occurred (hereinafter “victim”) as an employee of the Aeronautical Aircraft Co., Ltd. (hereinafter “A”), who is an employee of the Aeronautical Factory (hereinafter “AH”) and was employed by B at night work around 18:10 on July 10, 201, when he gets on a sea-going vehicle owned by B for the night work, and without securing the safety distance, he sawd the D motor vehicle prior to the negligence of driving a piracy without securing the safety distance, and thereby, he was thereby suffering from the injury of the fluoral base, the fluoral base, the fluoral base, the fluoral base, the fluoral base, the fluoral base, the fluoral base, and the fluoral base.
(2) From July 19, 201 to July 31, 2011, the victim was hospitalized at a hospital for 13 days due to the above injury, and 2,448,351 won (average daily wage 188,334 won x 74 days x 13 days x 13 days, and turg) during the pertinent hospitalization period, and the victim suffered damage equivalent to KRW 758,780.
C. On August 7, 2012, the Plaintiff recognized the instant accident as an occupational accident by a third party, and paid insurance benefits to the victim KRW 5,456,770 (the temporary disability compensation benefits amounting to KRW 4,697,90, and the medical care benefits amounting to KRW 758,780).
2. Judgment on the parties' arguments
A. According to (1) determination as to the establishment of the liability for damages by the Defendant and the Mayang Tourism, the Mayang Tourism is recognized.